In a legal document filed yesterday in California, Miami residents Paul Orshan and Christopher Endara alleged that they did not received the advertised amount of usable space of 16GB on their iPhones and iPads they purchased, this was further reduced after upgrading his iPhone 5S from iOS 7 to iOS 8.

As a result, the amount of space available to users after upgrading to IOS 8 makes it difficult for them to store their own data.

Apple has not issue any official comment on the lawsuit.

Apple unfair tactics

The complainants in their suit say that iOS 8 can occupy up to 23.1% of the memory available on some Apple devices. In addition, upgrading devices from the earlier iOS 7 to 8 can cause people to lose up to 1.3 gigabytes of memory.

This is done by Apple to forced users to sign up for its fee-based iCloud storage system. The complaint also accuses Apple of not working with third-party storage vendors and desktop file transfer utilities for customers to be able to offload their files.

“Using these sharp business tactics, [Apple] gives less storage capacity than advertised, only to offer to sell that capacity in a desperate moment, e.g., when a consumer is trying to record or take photos at a child or grandchild’s recital, basketball game or wedding,” it says. “To put this in context, each gigabyte of storage Apple shortchanges its customers amounts to approximately 400-500 high resolution photographs.”

The complainants are seeking millions of dollars in damages for those using Apple devices facing the storage squeeze.

Apple operating system iOS 8 was released in late September but due to persons using iPhone 6 and Plus not being able to make calls, Apple was forced to withdraw and then re-issue it at a later date.

This is not the first time Apple was sued over storage shortages as the company was sued in 2007 for it’s iPods storage capacity,
the case was later dismissed. In that case Apple was sued for it’s 8GB iPod Nano only having 7.45GB of usable storage, which is just a 7.5 percent difference.